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Israel Military Order No. 1002 Concerning The Amendment of the Law of Nurseries (Judea and Samaria) (No. 1002)
In accordance with the authority vested in me as competent authority concerning the Nursery Law No. 20 for the Year 1958 and depending on Articles 7, 16, and 18 of the law and Article 3 from the Order Concerning the Modification of the Nurseries (Judea and Samaria) (No. 1002) 5742-1982/1, I issue this operating system:
- Definitions
1. In this rule:
- "The agriculture office"-The office of the officer in charge of agricultural affairs in the civil administration.
- "The nursery committee"-A committee appointed by me to improve the quality of productivity for and the marketing of good nursery plants.
- "Section to supervise the seeds and nursery plants"-The section of the agriculture office that has supervision over seeds and plants.
- "Nursery plant"-A joint [cutting] of a productive tree taken from vines or roses and which has been prepared for planting.
- "Nursery"-The place where these plants are planted and developed.
- "Salesman -A person who receives a permit to sell nursery plants according to this rule.
- "The nursery administrator"-A person who is appointed by me to supervise the nurseries and to issue licenses and permits with my agreement.
- "Licensed nursery"-- A nursery which is operated under the regulations of this law.
- "Nursery person"-The person who runs and takes care of a licensed nursery.
- Good Nursery Plants
2. The nursery plants to which the articles of this rule have been applied are considered good nursery plants.
- The Production and Sale of Different Nursery Plants
3. No one is allowed to grow for sale or to sell nursery plants unless these plants meet the quality requirements mentioned in the appendices to this law.
- Ways of Growing Nursery Plants
4. The nursery committees suggest to the agricultural office a list of orders including those necessary to improve the production of nursery plants.
- The Nursery License
5.
- A) It is prohibited for anybody to run a nursery or to sell nursery plants unless he has a license in effect, and has followed the specifications in the license.
- B) The license is not valid for more than one year and it expires on 15 June of every year.
- A Permit to Grow Nursery Plants
6. Whoever receives a license to start a nursery is not allowed to grow anything other than whatever has been defined for him, unless he gets a permit from the nursery administrator.
- Applications for a License
7. The administrator of the nurseries has the right to create an application form for a nursery license including several demands and details. When a form is created only whatever is included in the form can be provided.
- The Time During Which an Application may be Submitted
8. The application may be submitted to the competent authority between the 1st and the 15th of June every year.
- The Provision of the License
9.
- A) The competent authority has the right to issue a license, refuse it, suspend it, or cancel it.
- B) If the competent authority rejects an application he has to inform the applicant of this rejection in writing.
- The Fee for a License and Its Renewal
10.
- A) The fee for a licensed nursery is five Jordanian dinars.
- B) As for the renewal of a license it is two Jordanian dinars.
- The Inspection of the Nursery
11. According to Article 9, the competent authority will issue the license only after an inspection of the place designed for the nursery. Moreover, he will check if the equipment suits the needs of the place and the demands of this law.
- The Specifications of the Nursery Plants for Sale
12. It is forbidden to sell nursery plants whose physical appearance does not resemble their type specifications, or if the condition of their development is not satisfactory, or if they are damaged or diseased.
- The Requirements for a Nursery
13.
- 1) The place designed to grow nursery plants and the surroundings should be vacant of any harmful bushes.
- 2) There should be a road that allows easy access to every piece of land on which the nursery plants are grown.
- 3) The piece of land upon which the nursery plants are to be grown should be prepared, in accordance with the opinion of the competent authority, in a way that is fit to grow nursery plants and which allows for their unobstructed development.
- The Possession of a Map
14.
- A) Every nursery owner must own a map showing the whole area of the nursery not smaller than 1/500 and which very clearly points out the pieces of land and briefly describes the type of nursery plant growing on it.
- B) Every nursery owner must have the map available in the nursery to show the competent authority whenever he is asked to do so.
- Storage of Nursery Plants
15. The nursery plants prepared for sale should be kept in a place with a lot of light and away from any disease-causing insects.
- Transferring Nursery Plants
16. The nursery plants prepared for sale should be transferred from one place to another in a way that keeps their quality and does not cause any damage to them.
- The Danger of Selling Nursery Plants that do not Meet the Required Specifications
17. It is forbidden to sell nursery plants unless they meet the specifications required by this law.
- Licensing the Sale of Nursery Plants with Lower Quality
18.
- A) Notwithstanding Article 17, the nursery committee, under the conditions that the committee determines, can sell nursery plants that do not meet any of the requirements mentioned in this law.
- B) The committee is not allowed to use its authority concerning defective nursery plants, granted under paragraph (A), except to aid in the development of these plants.
- Licensing the Place of Sale
19.
- A) It is prohibited to sell nursery plants except in a place found suitable to store the nursery plants, and a license must first be issued by the administrator of the nursery. (Here is a sales license.)
- B) The competent authority has the right to issue a sales license or refuse it, suspend, or even cancel it.
- C) The license to sell is effective for one year only, and it expires on 30 June every year.
- The Fee for a License to Sell
20. The fee for such a license is three Jordanian dinars per year.
- Labeling the Nursery Plants
21. The nursery plants may not be sold or bought unless they are labeled according to the instructions in paragraph (B). (Here is the label.)
- B)
- 1) The name of the variety.
- 2) The name of the plant.
- 3) The name of the nursery or the special label it is given by the competent authority to show where the plant was produced.
- 4) If the plant was prepared through an intermediary, the name and the label of the intermediary should be mentioned.
- 5) The age of the plant.
- 6) The date when the plant was labeled.
- The Marking of the Label
22. The marking is to be printed very clearly on the back of a special label so as to be easily readable. (Here is the label.)
- Sticking the Label
23. The label is to be fixed on each plant in a different way and in a way that it can not be easily removed.
- Labeling Stickers
24. It is not allowed to add any sticker or label related to the plants on the bundles without the authorization of the competent authority.
- Changing a Label or Any Other Details
25. Nobody except the consumer may change, destroy, damage, remove, or scratch any typing on the label; or any other details on the nursery plant, barrel, or bundle.
- The Exemptions from the Labeling Requirement
26.
- A) The administrators of the nurseries can offer an exemption from the regulations under Article 23 for the nursery plants if the following conditions are met:
- 1) The nursery plants should be in a securely sealed bundle.
- 2) The competent authority must be convinced that the nursery plants will be sold from the producer to the consumer.
- 3) With each bundle there must be a label showing the number of nursery plants in that bundle.
- 4) As mentioned in paragraph (3), one label must be inserted into the bundle.
- B) The exemption mentioned in Section (A) and which is given by the competent authority is confined to specific nursery plants and for a fixed period of time.
- Objections to the Decision of the Competent Authority
27.
- A) To fulfill the demands of this law the agricultural office will appoint a committee of three people to take care of the objections.
- B) Anybody may object in front of the committee to a decision taken by the competent authority within seven days from the day he receives the decision of the latter.
- C) The objections committee will issue its decision within ten days from the day it receives the objection.
- Documentation
28.
- A) The nursery owner must keep documentation on the dates of planting and anything concerning the plants themselves, and he must show it to the competent authority whenever he is asked to.
- B) The documentation will be prepared according to the form designed by the competent authority.
- C) The nursery owner must keep the documents for at least three years after selling the plants concerned.
- Information
29. The competent authority must inform the nursery owner about things related to his work in writing. For example, the results of any test carried out by the competent authority must be reported to the nursery owner.
- Obligatory Selling of Nursery Plants
30. Every single plant in the nursery should be sold.
- Application
31. This law will be in effect from the day it is signed.
- Name
32. This law will bear the title "Law Concerning the Planting of Nursery Plants and Selling Them (Judea and Samaria) 5743-1983."
March 5743 (March 1983)
Yoreh Artzi
Officer for Agricultural Affairs in the Civil Administration of Judea and Samaria
Competent Authority
Return: to the TOP of this Military Order.
SOURCE:
Drury, Richard T. and Winn, Robert C. "Plowshares and Swords: The Economics of Occupation in the West Bank". Published by Beacon Press, Boston, MA (1992).
(c) Israel Law Resource Center, February, 2007.